Parcel 333 RECEIVED
NOV O 3 1999
MEMORANDUMd co,,,t,
To:
Sue Filson, Administrative Assistant
Board of County Commissioners
From: Ernie Kerskie, Real Property Specialist II ¢~";\""
Real Property Management Department
November 02, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcels: 333/Hellmer
Date:
Subject:
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that Robed Zachary, Assistant County Attomey, has reviewed and
approved the attached documents.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift, purchase or condemnation for Parcel 333 in Resolution 99-
291, Item 8(B)(7), dated June 22, 1999. Pursuant to the previous resolution 98-
107, Paragraph 8, the Board has authorized its present Chairman and any
subsequent Chairman, for the life of the Project, to execute any instruments
which have been approved by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the
Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for
document pick-up.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard/63041
PARCEL: 333
FOLIO: 37166640005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into
by and between MICHAEL A. HELLMER and JUDITH A. HELLMER, husband and wife, (hereinafter
referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of /he .~tate of Florida, its
successors and assigns (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, utility
and maintenance purposes (hereinafter referred to as the "Easement") over, under, upon and across the lands
described in Exhibit "A", which is attached hereto and made a part of the Agreement. described as follows, to
.
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, /he Purchaser requires a non-exclusive Temporary Ddveway Restoration Easement
(hereina[ter referred to as "TDRE") over, under, upon and across the Owner's lands, for reconstruction of the
existing driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement,
described as follows, to wit;
SEE ATTACHED EXHIB T "B". which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE (hereinafter collectively referred
to as "Properties") to the Purchaser for the stated purposes, on the terms and conditions set forth herein;
WHEREAS. the Owner desires to be compensated for the Properties as well as any improvements
located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the conveyance of the Proper'lies
and for the improvements located lhereon.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other
good and valuable consideration, the receipt and su[flciency of which are hereby mutually acknowledged, it is
agreed by and between the parties as follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of ~, broken
down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements (If any)
Severance Damages
TOTAL:
$ 400.00
$ 100.00
$1,100.00 _
~-"'110 o. C~O
Owner accepts the above compensation as full payment for the Properties, and for all
landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the
remainder, if less than Owner's entire property was taken, and for all other damages in connection with the
conveyance of said Properties to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no further force or effect, unless closing shall
occur within ninety (90) days from the date Purchaser executes this Agreement; provided; however, that
Purchaser shall have the unilateral dght to extend the term of this Agreement, pending receipt of all properly
executed instruments affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Propedies to Purchaser in an instrument acceptable
to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances,
exceptions, or qualifications in and to the Easement, the execution of such instruments that will, upon thell'
recording in the Public Records' of Co er County, Florida, clear any and all encumbrances from the Easement.
Such instruments, including the TDRE, shall be provided to Purchaser on or before the date of closing.
5. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County,
Florida.
6. Owner represents that the Properties and all uses of the Propedies have been and
presently are in compliance with all Federal. State and Local environmental laws; that no hazardou~
substances have been generated, stored, treated or Iransferred on the Properties except as specifically "
disclosed to the Purchaser; Ihat the Owner has no knowledge of any spill or environmental law violation oll
any property contiguous to or in the vicinily of the Properties to be sold to the Purchaser, Ihat the Owner has
not received notice and othe~,ise has no knowledge of a) any spill on the Properties, b) any existing or
threatened environmental lien against the Properties or c) any lawsuit, proceeding or investigation regarding
the generation, storage, [reatment, spill or Iransfer of hazardous substances on the Properties. This provision
shall survive closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from.
and to reimburse the Purchaser with respect lo, any and all damages, claims, liabilities, laws, costs and
expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court,
out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or
asserted against the Purchaser by reason or arising out of lhe breach of Owner's representation under Sectio11
6. This provision shall survive closing and is not deemed satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording lhe conveyance instruments in the Public
Records of Collier County, Florida. The cost of a title commitment shall be paid by Ihe Purchaser. All other
costs associated with this transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative inslruments shall be borne and paid by Owner, Owner shall be
responsible for paying any costs and/or fees associated with the securing and recording a Subordination,
Consent & Joinder of Easement of lhe modgage(s) recorded against the Easement from lhe modgagee(s).
The cost of a title commitment shall be paid by the Purchaser.
9. This Agreement and the terms and provisions hereof shall be effective as of lhe date this
Agreement is executed by both parties and shall inure to the benefil of and be binding upon the parlles hereto
and their respeclive heirs, executors, personal representatives, successors, successor Irustees, and/or
assignees, whenever lhe context so requires or admits.
10. I[ the Owner holds the Properties in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wdtten
public disclosure, according to Chapter 286, Florida Statules, under oath, of Ihe name and address of every
person having a beneficial interest in the Properties before the Properties held in such capacity is conveyed Io
Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuanl to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from lhe provisions of Chapter 286, Florida Slatutes.)
11. Owner may construcl an automobile garage on Owner's remaining property such that the
northern face of said garage shall be set back from lhe new sidewalk, drainage and utility easement a total
distance of Fifty (50) feet, provided that the setback of said garage meets the requirements of the Land
Development Code in effect at the date of construction.
12. Conveyance of the Properties, or any interest in the Properties, by Owner is contingent
upon no other provsons, conditions, or premises other than those so stated above; and the whiten
Agreement, including all exhibits attached hereto, shall conslitute the entire Agreement and understanding of
the parties, and there are no other prior or conlemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
13. This Agreement is governed and construed in accordance with Ihe laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of
Date Property acquisition approved by BCC: ~?. ' - Z
Date Property condemnation approved by
AS TO PURCHASER:
A'FTEST:' ' '
DWIGHT E. BROCK, Clerk
~~, Deputy
Attist ~ to C~tfr~u'$
AS TO OWNER:
~¢¢itness (~i<::jn~ture~,
Name_~,~/~ /-'f, ~
~(Prin ~e)
Witnes~gncture) _
Name: ~t~'(~
(Print or Type)
442 Golden Gate Boulevard West
Naples, Florida 34120-2167
_Witness (Si~n'~ture),
Witness~ignature)
Name:~
(Print or Type)
442 Golden Gate Boulevard Wesl
Naples, Florida, 34120-2167
Approved as to form and
legal sufficiency:
Assislant County Attorney
end ^r4~'oved by:.
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI 7RAtL NAPLES, FLORIDA 34112
(941) 774-0192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT
P~;~_..L of
PROJECT NO 6304
PROJECi' PARCEL NO. 333
(-~OLL~E I',1 f ;A ! t-; I.IOULEVAR[}
L' L-L- _
TRACT
EXISTING RIGtlT OF WAY LINE
25 FOOT DRAIK!AGE.
· SI[}i~V','At. K. tJ f FI I fyi
EASEMENT
.D_E. SC R IPT IOr__J.
THE SOUTH 25 FEET OF THE HORfH ;'5 FEET OF THE E^Sf' 75
FEET OF Tt'~AC f 06. GOLDErl GATE EST^'rEsui,~if tJO 12,/tS
RECORDED Itl PLAT 8OOK 4 PAGE 105. C'- TIlE PUBLIC RECORDS
OF COLLIER COUhlTY. FLORIDA
1"* I00' [ JULY 22,
QGB333
SHEET 1 OF 1
Project: Golden Gate Boulevard / 63041
Parcel: 333 T
EXHIBIT "B'
THE WEST 40 FEET OF THE SOUTH 25 FEET OF THE NORTH 100 FEET OF THE EAST 75 FEET OF
TRACT 86. GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.